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Vol. LXXVIII, No. 145 Ann Arbor, Michigan, Saturday, March 23, 1968 Seven Cents
Eight Pages
Westmoreland Withdrawn
from
Viet Command
Cohen Named New
f.'
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Secretar of HEW
By the Associated Press
WASHINGTON-Gen. William C. Westmoreland, U.S.
commander in Vietnam throughout the big-scale involvement
there, is returning home. to become Army chief of staff ef-
fective in July, President Johnson announced yesterday.
Westmoreland said yesterday he was told of his coming
transfer to Washington in a telephone call from the chairman
of the Joint Chiefs of Staff, Gen. Earle G. Wheeler, and that
he regrets his departure before victory and peace are
achieved.
Johnson explained strategy and tactics are not involved
in the switch-over. He told a news conference, too, that he
-------- has not yet made any deci- 3
'
Acepts Construction Funds
Under
Court 0 Dns~
Terms of
Public
Act
124,
t
1* T1~ff si on on a projected increase -V
Poi e, in troop strength for the war
in Vietnam.
Westmoreland reportedly has
T o P robe asked for some 200,000 more U.S.
troops to bolster the presently au- H earings
thorized strength of 525,000. SomeI
congressional sources have said
U se of I 1ace an increase of 35,000 will be an- High Court Must Rule
nounced shortly.O
The Ann Arbor Police depart- The President announced two Oi Coiititutioiality
ment has joined forces with the other appointments: Of Vote Requirements
Ann Arbor Human Relations 0 Wilbur Cohen will become
Commission (HRC) in an inves- Secretary of Health, Education By MARTIN HIRSCHMAN
tigation of last Sunday's incident and Welfare. He was undersecre- Circuit Court Judge James R.
involving the use of Mace. tary and has been acting secre- Breakey said in hearing yester-
The investigation, which is be- tary since the resignation of John day his court "does not have the
ing led by Robert Hunter of the W. Gardner. authority to change existing law"
HRC nd Plic Chif Water (Cohen is a professor of public
HRCn and Police Chief Walter administrt a th U in the case of eight University stu-
Krasny, will seek to determine if erlfayredmisntronahe-from dents who were recently denied
the use of Mace in a fight which versity, presently on leaver registration to vote.
)ensued between Negroes and po- Breakey said it would be up to
licemen after a car accident was Sargent Shriver, head of the the State Supreme Court to decide
justified. antipoverty program, has been
named ambassador to France, asE any questions concerning the con-
Krasny said 50 persons will be name specated. stitutionality of the present cri-
interviewed during the investiga- Johnson said no successor has teria for determining residency
tion. been chosen for Westmoreland, necessary for voter registration.
beenchoen or Wstmrelnd, The court recessed until Wed-
Analyze Mace who will succeed Gen. Harold ne iorrto obti Wex-
The University's pharmacology Johnson as Army chief.nesday i order to obtain an "ex-
department is analyzing the Speculation has centered on pansion and specification of the
chemical spray to determine if it Gen. Creighton Abrams, who has pleading" of the eight students on
has lasting and harmful effects. been Westmoreland's deputy for he bais of their individual quali-
City Council, which requested the about 10 months. fctost oe
report last Monday, expects to re- Westmoreland has been under The students' attorney, Arthur'
ceive the report tomorrow, and rising criticism, even from such E. Carpenter, must file a brief by
will continue further discussion "hawks" as Chairman Richard B. Monday afternoon including spe-
on Mace at next Monday's regu- Russell (D-Ga) of the Senate's cific residence background infor-
lar meeting. Armed Services Committee, who mation about each of the plantiffs.
Spokesmen for the Ann Arbor accused Westmoreland last month The information the court re-
chapter of the Congress of Racial of using "outmoded World War quested parallels the basic infor-
Equality (CORE) said members II tactics in fighting the Viet mation upon which the City Clerk
are planning a mass confronta- Cong." usually decides resident and voter
tion between the "black commun- Westmoreland was in the Philip- status.
A "1) A I,,;+_. ^. 1 1- - . 4 . f . .
r.
i
i
i
s
1
McCarthy Speaks with D etroit's Mayo
McCarthy Hits
Of 'Austerity'
it
'Not To Withdraw
v, Court Challenge
By MARK LEVIN
Editor
The University has agreed to accept $750,000 from the
State for a new Modern Languages Building under the provi-
sions of Public Act 124, but will continue to challenge the
constitutionality of the 1965 statute in the courts.
The University appropriation is the first for new state-
financed construction since 1966, when money for the new
Dental School was approved under a special act.
PA 124 requires the State Budget Director to choose the
architect for state-financed University buildings. Under the
act, all plans for new buildings would have to be submitted to
the Joint Senate-House Com-*-
mittee on Capital Outlay for .1e J
approval.Prochial
The University contends the act
infringes on its constitutionally o "
guaranteed autonomy. Court ac- Aid Bill Dies
tion is pending in Ingham County
Circuit Court.
-Daily -Andy Sacks Fleming explained, Because of
the urgent need for building space,
r Cavanagh the University, acting upon advice LANSING - illh i d
of counsel, has agreed to proceed state aid to parochial schools died
under Public Act 124. pending fi- in House committee when it was
nal judicial determination of the not reported out before yester-
act's legality, day's deadline. However two bills
"The University has reserved aimed at financially troubled
the right to contest the constitu- school districts were sent to the
tionality of PA 124 and will con- floor.
tinue in the suit now pending," he Rep. Clifford Smart (R-Walled
i e s added. . Lake) Education Committee hatr
The Senate Appropriations Com- man, had promised earlier that
mittee yesterday reported out of the measure, providing an esti-
committee a capital outlay bill mated $21 million in state grants
that the job programs would be cotiin 68 ilo fo Uni *:'v:::~:~
reduced. containing $6.8 milonfor -
Former Michigan Go. G. Men- versity construction. Some $6.1
nomen W iisgsadyestedayM million of the appropriation is for BULLETIN
e fillians saidyesterday tha projects approved prior to the en- E)
actment of PA 124 or for remodel- NEW YORK (A')-Adam Clay-
tenders for the Democratic pies- ling of existing structures. ton Powell, ousted from the
idential nomination had given The total State contribution for House of Representatives, ended
adequate attention to the Report the $4.5 million Modern Lan- his self exile in Bimini last
of the President's Commission on guages classroom and office build- night. and returned to New York
Civil Disorders. ing will be $3.5 million with the City.
At his airport press conference, remaining $1 million from feder- Powell, who had been refused
McCarthy said he felt top prior- al funds. The committee approved his seat by. colleagues in the
ity should be given to implemen- a 1968-69 appropriation of $750,- House despite his re-election
ting the Kerner .report "even 000 for plans and beginning con- arrived at Newark, New Jersey
above Vietnam." struction on the new building. airport about 10:30 p.m. and
See McCARTHY, Page 2 State Committment started immediately by car for
TheState is committed to ap- Manhattan.
propriating the remainder of the Powell surrendered to city
cost over the time of construction. Sheriff John J. McCloskey on
S R h d es Bids for construction will not be a criminal contempt charge
let before March, 1969. . shortly after 1 p.m. on the side-
Under the provisions of PA 124, walk outside Supreme Court
the University after July 1 will Justice Arthur Markewich home.
request State Budget Director
Glenn Allen to designate an archi- . ......
James W. Shaw, assistant dean of tect to design the new classroom to parents with children in non-
the literary college. It will release and office building. Plans will sub- public schools, would not be acted
an intermediate draft of the pro- sequently be submitted for ap- on by the committee this year.
posal to the Student Steering Com- proval to the Joint Senate-House Possible Amendment
mittee (SSC) of the literary college Committee on Capital Outlay. Backers of the controversial idea
within ten days. . However, plans for the Modern were thought likely to try to at-
"The committee will be free to Languages Building are already tach it as an amendment to an-
use any procedures it wants for complete and University officials other school bill.
sampling student opinion. We are confident the state will accept Vhowever, out bills forbidding def-
want to get student feedback be- the existing plans. icit financing by school districts
fore we finalize due process proce- Both Wayne State University and authorizing emergency ap-
dure," Shaw said. ; and Michigan State University, propriations to districts with se-
He added that the board and See 'U,' Page 2 rious money troubles.
SSC's representatives will work ; ~~ - The deficit financing bill con-
Ity and City council at the pines on a quick visit to his family
meeting. when the word hit Saigon late
A CORE resolution claims the last night that he will leave Viet-
Ann Arbor Police Department nam.
"has demonstrated a racist at- He immediately flew froin Clark
titude toward the black com- airfield in the Philippines to Sai-
munity in the inhumane treat- gon this morning to meet with
ment of black people in the in- his headquarters staff.
cident" Sunday.:
Attack 'Get Tough' P'olicies
It attacked the "get tough"
0 policies of Krasny and condemn-
ed City Council for "apparent ap-
proval" of police action.
The resolution demanded the
"unanimous suspension of every
police officer involved" in the
Sunday incident.
The HRC will meet next Tues-
day to hear the report from their
staff on the investigation. Recom-
-mendations from them are ex-
pected within the next two weeks.
Krashy denied witness reports
that the police provoked the inci-
dent. An emergency room orderly
claimed aggressive actions by the
police unnecessarily sparked vio-
lence, and led to use of Mace.
"I would assume our recom-
mendations will be seriously con-
sidered" by the City Council,"
HRC Commissioner Mrs. Stanley
Thayer told The Daily.
Late in the hearing City At-
torney Peter Forsythe announced
he had subpoenaed the registra-
tionnaires filed by each of the'
eight students when they first en-
tered the University, and asked
they be entered as evidence.
The registrationnaires include ad-j
address of the student at the time
he entered the University. For-
sythe cited a Michigan statute
which states no person shall be
considered to have gained or lost'
a residence while attending a uni-
versity as a basis of his defense.
Carpenter challenged the rele-
vance of the evidence but the!
court delayed action on the ques-
tion and recessed without receiving
the registrationnaires. No ruling
was made as to their admissability
as evidence.j
In-his opening statement, For-
sythe said the complaint filed by
the eight students included "none
of the facts needed to establish
residency."
The information which each stu-
dent will submit includes: when
he first planned to become a Mich-
igan resident, where his parents;
lived when he first enrolled in'
the University, the source of hisE
income, and in what state his
automobile, if any,. is registered.
By STEVE WILDSTROM
Managing Editor
and MICHAEL THORYN
DETROIT - Sen. Eugene Mc-
Carthy (D-Minn, last night call-
ed President Johnson's proposed
austerity program "a waste" and
said it would almost certainly
bring more riots in coming sum-
mers.
"This is not austerity at all,"
said McCarthy in a major at-
tack on Johnson's domestic pro-
gram. "It is waste."
McCarthy was greeted at Cobo
wouldn't go there," he said. "My
advice to students is to stay away
from administration speeches."
In his Cobo Hall speech, Mc-
Carthysaid that the administra-
tion's austerity program, design-
ed to control inflation while
maintaining expenditures in Viet-
nam, would "bring almost certain
fulfillment of the grim prophesy
of 'several bad summers.'"
"That did not mean austerity
for you and me," McCarthy said.
"It meant that there would be
1
I
I
no new programs for the poor'
and disadvantaged. It meant
Hall by 'about 3,000 people who -
had paid $10 each to attend
the fund-raising rally.
Earlier in the day, McCarthy L A
told a crowd of about 1,000 at
Metropolitan airport - mostly'
University students-that spokes-
men for the Johnson adminis- Due
tration should stay away from;
Gives
Proceo
C
college campuses if they wish to By DAVID MANN
avoid demonstrations. Students of the literary college.
The presidential hopeful was will have some voice in deter-
r e f e r r i n g to demonstrations mining what constitutes due pro-I
against Secretary. of Agriculture cess in academic and non-acade-i
Orville Freeman Thursday at mic disciplinary cases heard by
the University of Wisconsin in the college Administrative Board.-
Madison. The board is in the final phaseI
"If they were demonstrating of setting down its definition of;
against me at campuses, I due process, according to chairman
CS
k
Gei. Westmoreland
CALIFORNIA POLITI
Peace Party Qualifies for Spot on Ballot
From Wire Service Reports
SAN FRANCISCO - After assuring
itself a place on the California ballot,
the Peace and Freedom Movement
(PFM) now faces the task of creat-
ing an organization at the grass roots
level to challenge Democrats and Re-
publicans in the November elections.
PFM scored an impressive victory
earlier this year when it registered
over 105,000 voters in California before
the January deadline for the Novem-
ber elections.
The figure was well above the 65.000
needed for a place on the state ballot.
It is all the more remarkable con-
siderating that last August the party
The attempts at national organiza-
tion are very recent, and it is unlikely
the party will be on the ballot in other
states. However, leaders do expect to
run candidates as independents in
nearly every other state.
In Pennsylvania, a peace and free-
dom ticket with Dick Gregory for pres-
ident and Dr. Benjamin Spock for
vice president will be on the ballot.
The California party is yet to pick a
presidential candidate.
It is unlikely that Spock will be
their candidate. A member of the Na-
tional Conference on New Politics, the
famous pediatrician was given a cool
reception by many anti-war people .in
the Bay Area recently.
them because by advacating negotiat-
ions he concedes there is "some basic
legitimacy" to the United States mili-
tary intervention in Vietnam.
"Our position," PFM leaders say, "is
that this war has no validity. There's
nothing to negotiate about except get-
ting out."
PFM's own search for candidates. is
hampered by a California law which
prohibits party candidacy by any regis-
tered in a different party one year be-
fore filing for candidacy. A candidate
is also required to be registered with
his party for three mpnths before an
election.
A court challenge of the laws was
stymied early this month when the
Despite the restrictive laws - many
of the party's members are former
Democrats - there shauld be enough
candidates to offer a full slate of can-
didates for state positions.
PFM also expects to have a candidate
to challenge United States Senator
Thomas Kuchel, Republican v'hip.
The only well-known candidate who
has filed so far is Mario Savio, former
leader of the Free Speech Movement
at Berkeley. Savio announced earlier
this month that he is seeking a state
senate seat on the PFM ticket.
Robert Scheer of Ramparts Maga-
zine reportedly is considering running
for the Senate on the peace party's
out the final statement after SSC ,e
has sampled student opinion. xdue . I st
'The board does "not view due;C
process in discipline cases as mere- Halts Classes
ly a judicial consideration but as:
an educational issues." said Shaw.| TUSKEGEE, Ala. ()-President
He explained that the board is, L. H. Foster suspended classes at
eager to get a final statement of Tuskegee Institute yesterday to
due process before the end of the discuss grievances with students,
semester. This is because the in- after earlier warning that recent
creased pressure of the end of the campus incidents could bring clos-
term usually results in a greater ing of the school.
incidence of academic dishonesty. Foster then met with the famed
Academic offenses include plagiar- Negro school's executive commit-
ism, cheating on examinations and tee and announced that five stu-
forging drop cards. dents had been put on probation
If found guilty of an academic for violating institute regulations.
Iffenseasudetfac demnih-The students were not named, and
offense, a student faces punish- the incidents were not discussed.
'ments ranging from a reprimand Grievances presented by stu-
to suspension. Suspension of a dents, Foster said, will be placed
student occurs only for repeated in the hands of committees or ap-
academic offenses, Shaw said- propriate school administrators.
The board, seeking to "establish Foster said classes would re-
tains a "red flag" section, provid-
ing for review of all school budg-
ets and a warning to the state
IBoard of Education by July 1 of
each year of any possible deficit.
Remove From Office
It provides any School Board
member who votes for two unbal-
anced budgets, whether in con-
secutive years or not, would be
removed from office.
A second Education Committee
bill, inspired by the financial
plight of Wayne County's Inkster
school district, would set up ma-
chinery for applying for special
emergency state aid.
District Eligibility
" A district levying 20 mills or
more in property taxes and having
a per-student state equalized val-
uation of less than $10,000 would
be eligible for such aid if it were
unable -to meet operating costs.
Within two years after receiving
i